"Would Be Burdening Indian Air Force With Overweight Airman Who Would Be Unfit To Do Duties": Delhi HC Rejects Plea Of Candidate Found Medically Unfit By 2 KGs
The Delhi High Court has rejected the plea of a candidate who was found medically unfit for being overweight by 2 KGs as per the medical fitness standards of the Indian Air Force. The Court observed that his recruitment would be 'burdening the Indian Air Force with an overweight Airman' who would be unfit for performing the duties. A division bench comprising of Justice Rajiv Sahai Endlaw...
The Delhi High Court has rejected the plea of a candidate who was found medically unfit for being overweight by 2 KGs as per the medical fitness standards of the Indian Air Force. The Court observed that his recruitment would be 'burdening the Indian Air Force with an overweight Airman' who would be unfit for performing the duties.
A division bench comprising of Justice Rajiv Sahai Endlaw and Justice Amit Bansal observed,
"To direct such a person to be recruited, would amount to burdening the respondents Indian Air Force with an overweight Airman who would be unfit to do the duties required from him and would end up being a liability for the respondents Indian Air Force rather than being of any help in the defence of the country."
The petitioner was found medically unfit in the medical examination conducted as part of the recruitment process. The petition was therefore filed, seeking directions on the IAF to conduct a re-examination of his medical fitness.
Alternatively, the petitioner sought his appointment as an Airman on the basis of a medical fitness certificate issued by a private hospital which had declared him to be 59 KGs on May 5. The petitioner weighed 64.7 KGs on March 8.
"The aforesaid facts indicate that it took the petitioner two months to bring his weight down from 64.7 Kgs to 59 Kgs. The same nullifies the argument of the counsel for the petitioner, of the excess weight of 2 Kgs only being easily manageable," the Court said.
It added,
"the petitioner, well before participating in the recruitment process ought to have known the weight requirement and if was unable to bring his weight down to the required limits, it stands proved that the petitioner has weight gain problems and is not fit to be an Airman."
On the submission made by the petitioner that being overweight by 2 KGs is only a minor matter, the Court was of the view that once there is a Rule specifying the weight for the particular height and sex and the said Rule also provides the maximum variation permitted therein, the said Rule has to be abided by and a slight variation even therein cannot be tolerated.
"The Court cannot dilute the said Rule by permitting violation of the Rule, in the name of being miniscule," the Court said.
It added,
"it is the prerogative of the respondents Indian Air Force, as the employer to lay down the medical requirements for employment; it is not for the Court to lay down the standards of medical fitness for recruitment as an Airman in the respondents Indian Air Force."
Furthermore, it said:
"No mala fides or motives have been attributed to the Members of the Appeal Medical Board and it is not the case that while other candidates were weighed without their clothes and shoes, the petitioner was discriminated against; without such pleas, a presumption of things having been done in the regular course of business, has to be attached to the proceedings and findings of the Appeal Medical Board and re-examination cannot be ordered at the mere asking. "
With the aforesaid observations, the petition was dismissed.
Case Title: SHIVAM KUMAR v. UNION OF INDIA & ANR